Trump Administration and Trade Group Sought Dismissal of Lawsuit Challenging Revocation of President Obama’s Withdrawal of Atlantic and Arctic Ocean Areas from Oil and Gas Leasing. Federal defendants and the American Petroleum Institute (API) moved to dismiss an action in Alaska federal court challenging President Trump’s authority to issue the executive order of April 28, 2017 on “Implementing an America-First Offshore Energy Strategy” that reversed President Obama’s withdrawal of lands in the Atlantic and Arctic Oceans from future oil and gas leasing. The federal defendants argued that the plaintiffs had not identified a private right of action or waiver of sovereign immunity and that separation of powers principles barred the relief sought. The federal defendants also said the plaintiffs’ claims were unripe and that the plaintiffs lacked standing. API adopted and incorporated by reference the federal defendants’ arguments and also argued that the judicial review was not yet available under the Outer Continental Shelf Lands Act (OCSLA) and would not in any event be available in the District of Alaska.

Environmental Groups Challenged President Trump’s Reversal of Prohibition on Future Oil and Gas Leases in Arctic and Atlantic Ocean Areas. Ten environmental groups filed a lawsuit in the federal district court for the District of Alaska challenging the portions of President Trump’s executive order of April 28, 2017 on “Implementing an America-First Offshore Energy Strategy” that purported to eliminate protections for lands in the Arctic and Atlantic Oceans. President Obama withdrew the lands from future oil and gas leasing in January 2015 and December 2016 pursuant to presidential authority under the Outer Continental Shelf Lands Act (OCSLA). The complaint noted that in withdrawing the lands, President Obama and the White House had cited a number of factors supporting the withdrawal, including the need to make a transition from fossil fuels to address climate change, stresses to Arctic species resulting from climate change, and the contribution of withdrawn Atlantic Ocean canyons to climate stability as well as threats to the canyons from climate change. In their complaint, the environmental groups asserted that President Trump’s executive order exceeded his constitutional authority and intruded on congressional authority under the Property Clause of the Constitution in violation of the separation of powers doctrine. They also asserted that his actions exceeded authority granted by OCSLA, which they argued did not authorize presidents to re-open lands for disposition once they had been withdrawn.

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